Public Offer Agreement for participation with payment on website http://www.hotel.by for booking hotel rooms (hotels).
Contractor – Company Vokrug Sveta Ltd.,
Customer — a competent person who has reached 18 years of age, who has the legal right to enter into contractual relations with the Contractor, including placing an order or booking services on the website http://www.hotel.by, which is or is not a Guest.
Guest — the person indicated as the recipient of the service, or otherwise using the services purchased on the website http://www.hotel.by, exclusively for personal, domestic and other needs not related to the implementation of entrepreneurial activity.
Website – contractor’s information resource on the Internet, located at http://www.hotel.by, through which a direct order of services is carried out.
Order — properly executed request of the Customer to receive services for booking rooms of the Hotels, as well as additional services selected on the website.
Hotel – hotel, aparthotel, apartments, boarding house, sanatorium, camp site, rest house, camping, hostel or other means of temporary residence, offering the Customer accommodation, catering, as well as other services related to the hotel industry. For the purposes of this offer contract, the Hotel also means the Contractor’s intermediaries that provide booking services.
User account — the Customer’s personal account with the Contractor, to which funds are credited in case the Customer refuses the Order previously paid by him. This money can be used as a prepayment for subsequent Customer Orders from the Contractor.
Reservation system – an information system containing information regarding the availability of places in the Hotel, as well as additional services, tariffs and the rules for their application, including the conditions for the provision of the proposed services. Information in the reservation system may at any time be changed, deleted or supplemented.
Voucher — An electronic document executed by the Contractor confirming the Customer’s right to stay in the Hotel, on the terms selected by the Customer, according to the executed and paid Order.
Operator – Contractor’s employee processing orders requiring individual processing.
1.1. The Public Offer Agreement (hereinafter referred to as the Agreement) is set forth below. The Contractor provides the Customer with services for the provision of information contained in the Booking System, booking Hotel rooms in accordance with the parameters specified by the Customer (date, place of stay, type of Hotel, its level, type of room, number of residents and other parameters of services), as well as registration of cancellation of booked and paid services on the basis of a corresponding application from the Customer.
1.2. This agreement is a public agreement (Article 396 of the Civil Code of the Republic of Belarus), according to which the Contractor undertakes to provide the Services with respect to an indefinite number of persons (Customers) who have applied for the said Services.
The full and unconditional admission (acceptance) of the conditions of this offer is considered to be putting a special mark (tick) in the appropriate field when placing the Order, as well as making the payment by the Customer in payment of booking services.
1.3. The publication (placement) of the text of the Agreement on the website at the following address: http://www.hotel.by is a public offer (offer) of Contractors addressed to an indefinite number of persons who have concluded this agreement (Clause 2, Article 407 of the Civil Code of the Republic of Belarus).
1.4. The Contractor reserves the right to amend this Agreement, in connection with which, the Customer undertakes to regularly monitor changes to the Agreement posted in the “Help” section on the Contractor’s website.
1.5. The Customer agrees to the Agreement by putting a tick in the box “I accept the terms of the Public Offer Agreement” at the last stage of placing an Order on the Site (Article 398 of the Civil Code of the Republic of Belarus). By agreeing to the terms of this Agreement, the Customer confirms his right and legal capacity, financial solvency, and also recognizes responsibility for the obligations assigned to him as a result of the conclusion of this Agreement.
The Customer confirms the accuracy of his personal data, as well as the data of the persons specified in the Order, and assumes all responsibility for their accuracy, completeness and accuracy.
The customer assumes all possible commercial risks (placing a new order, changing the tariff, returning money, etc.) associated with his actions to make mistakes, inaccuracies in providing the data requested by the Contractor when placing the Order.
1.6. The provisions between the current legislation of the Republic of Belarus apply to relations between the Customer and the Contractor.
The services of third parties booked by the Customer for accommodation in the Hotel are governed by the rules of the respective Hotel and the rules of the applicable tariff.
1.7. This Agreement, subject to compliance with the procedure for its acceptance, is considered concluded in simple written form (Clause 2, Clause 3 of Article 404 and Clause 3 of Article 408 of the Civil Code of the Republic of Belarus).
RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. To place an order, the Customer must register on the Website and fill out an application on the Website, indicating the email address and phone number.
In case of refusal to fill out the order form on the website, the Contractor may fill out the order form for the Customer using the data provided by the Customer by e-mail or by telephone.
2.2. The Contractor is not responsible for the accuracy and correctness of the information provided by the Customer during registration.
2.3. The customer agrees not to inform the third parties the login and password specified during registration. If the Customer has suspicions regarding the security of his login and password or the possibility of unauthorized use by third parties, the Customer undertakes to immediately notify the Contractor by sending an email to firstname.lastname@example.org.
2.4. All information exchange between the Parties regarding the Order and the fulfillment of their other obligations under this agreement is carried out via e-mail, the address of which is indicated by the Customer during registration. In this regard, the Customer undertakes to regularly, up to the time of arrival at the Hotel, independently monitor the current status of his Booking, including checking his email for information about possible changes, and if necessary, contact the Contractor for information by phone, indicated on the Site.
Responsibility for any consequences arising from the Customer’s lack of information about changes to the Order that occurred due to reasons beyond the Contractor’s control (cancellation of hotel reservations, delay in the Bank of the Customer’s payment of the Order, change of tariffs, etc.) is borne by the Customer, subject to compliance by the Contractor the procedure for notifying the Customer of any changes in the Order, provided that the Hotel provides the Contractor with relevant information in a timely manner and in full.
2.5. The customer, agreeing to the terms of the contract, confirms that he uses the credit card for payment legally.
3.1. The reservation order for hotel rooms is made by the Customer independently on the Site by filling out a reservation request. At the same time, the Customer determines the terms of accommodation, the level of the hotel, the type of accommodation and other conditions of hotel services. Next, the operator contacts the Customer , inform about availability and send a booking confirmation.
Booking service is designed to organize individual trips. Booking multiple rooms for the same dates at the same hotel can be regarded by the hotel or supplier as a group booking. In this case, the supplier reserves the right to change the booking conditions, including tariffs, payment terms and cancellation conditions. The Contractor has the right to cancel such reservations in case of disagreement of the Customer with the changed reservation conditions.
3.1.1. The level of the Hotel marked with “stars” on the Site is a subjective assessment of the quality of the services provided by the Hotel in the opinion of the Contractor’s service providers and experts, is not related to the official classifications of the Hotels, may not correspond to them and is determined on the Site solely for the purpose of simplifying the search when choosing a Hotel at the booking stage . The Contractor does not accept and does not consider the claims of Customers and / or Guests related to the inconsistency of the Hotel level defined on the Site with the Hotel level for any of the official classifications (including the classification and Hotel level determined and indicated by the latter independently).
3.2. The customer gets acquainted with all the conditions of the Order during the booking process. If the Customer does not understand any conditions for the provision of services under the Order, including the conditions for canceling services or the procedure for making any changes to the executed Order, or if the Customer wants to receive some special services (parking, room for people with disabilities, accommodation with a pet, extra and cots, etc.) The customer must clarify the information he needs from the Contractor before forming and paying for the Order.
3.3. When placing the Order, the Customer must fill in all the fields indicated on the Site as mandatory.
3.4. Orders placed by the Customer on the Site are final and are subject to automated processing in the Contractor’s Reservation System. After receipt of the placed Order from the Customer to the Contractor’s reservation system, the Customer is automatically sent a service letter with the status of the Order to the email address specified during the ordering process, and the address specified during registration.
After the Customer has made the payment of the Order, an electronic voucher for accommodation in the respective Hotel is automatically generated in the Contractor’s reservation system or executed by the Contractor’s Operator. A voucher issued by one of the indicated methods is placed in the Customer’s personal account on the Site, and is also sent to the e-mail address specified when placing the Order and the address indicated during registration.
3.4.1. The Contractor does not guarantee the possibility for the Customer to obtain a visa to the country of entry using a Voucher if such a document is presented by the Customer to the Embassy as confirmation of accommodation in the country of residence.
3.4.2. All conditions of the Order, including making any changes to the placed Orders, refusal of booked services, as well as other conditions of Hotel services are governed by the tariff rules for this service, the current legislation of the Republic of Belarus and the country of the Hotel, as well as applicable international standards.
3.5. Check-in and check-out times are set unilaterally by the respective Hotel.
3.6. In case of the Customer’s expected arrival to the Hotel later than 17:00 local time for the Hotel or later than the date chosen by the Customer, the Customer must notify the Contractor of the late check-in time in order to save the reservation at the hotel, not later than one day before the check-in time set by the Hotel.
3.7. If the Customer does not arrive at the Hotel on the day of arrival, chosen by the Customer, and also if the Customer arrives on the day following the arrival date or later without prior notice to the Contractor, the Hotel has the right to cancel the reservation by imposing penalties in accordance with the rules for late cancellation of the reservation . The amount of penalties applied to the Customer in the event of such a case is established by the Hotel and is brought to the attention of the Customer based on the results of the agreement between the Contractor and the Hotel, but in any case it cannot exceed the cost of the Order.
3.8. The presence in the hotel description of additional services (except those selected at the time of booking), incl. for the provision of medical procedures does not mean a mandatory, guaranteed presentation of all or some of the above procedures to the Customer. The Contractor cannot influence the decision of the Hotel and is not responsible for their decisions and actions. In case of refusal to submit additional procedures to the Customer, recalculation of the cost of the Order by the Contractor cannot be guaranteed and is carried out only upon agreement with the Hotel.
4.1. The cost of the Order is indicated on the Website online and can be changed by the Hotel unilaterally.
The cost of the Order includes the cost of living in the Hotel, taking into account the parameters chosen by the Customer - the category of the Hotel, type of room, food, etc., as well as the Contractor’s remuneration for the provision of booking.
If there is no indication on the site that the cost of an extra bed is included in the order price, the provision of an extra bed is not guaranteed and may require payment for this service directly at the Hotel.
Stay tax, city tax, resort tax and other similar fees, if their collection from tourists is provided for by the legislation of the host country, is paid by the Customer independently at the place of stay (usually in the Hotel) according to the rules established by the legislation of the host country.
4.2. The customer pays for the formed Order by the methods provided for in the article “How to pay for the Order”, which is an integral part of this Offer.
4.3. The Order payment term is indicated on the Site during the Order execution, as well as in the service letter which is sent by the Contractor to the Customer with the status of the Order. If the Contractor fails to receive the payment from the Customer within the specified payment term, the formed Order is automatically canceled.
4.4. Features of the Order payment by bank cards:
4.4.1. In accordance with the legislation of the Republic of Belarus, bank card transactions are performed by the card holder or by an authorized person.
4.4.2. Oplatyukazan the order on the website under “Help”.
CANCELLATION AND ORDER CHANGES.
5.1. All conditions for service providing under the Order, including: making any changes to formed Orders, refusal of services, as well as other conditions for service providing, are governed by the rules for applying the tariff for this service. These rules are established by the relevant Hotel and this Offer Agreement.
The Customer undertakes to make any changes to the confirmed by the Contractor reservation for accommodation in the Hotel only through the Contractor. If the room reservation cancelation is performed by the Customer directly at the Hotel without contacting the Contractor, the refund is carried out in accordance with paragraphs 5.6–5.7 of this Agreement.
5.2. Changing the number of residents, their names, duration of stay, dates of arrival and departure, type of accommodation and other essential conditions of the Order is available exclusively by creating a new Order and canceling the previously executed.
5.3. In case that the Customer wants to cancel the Order for any reason, he needs to cancel it independently in his personal account on the website http://www.hotel.by or send a letter about the cancellation of the Order to the email address email@example.com. If the Customer does not have such an opportunity (lack of access to the Internet, etc.), the Customer must contact the Operator by phone and cancel the Order verbally.
5.4. The order is considered to be canceled after the Contractor assigns it the status of “Canceled” and sends the corresponding service letter to the Customer.
5.5. During placing the Order the Customer is informed about the terms of the Order cancellation without withholding penalties, as well as about the amount of penalties for not complying these terms. The terms of cancellation are displayed in the Order in the personal account of the Customer.
5.6. Refunds to the Customer should be made in the amount established by the relevant Hotel according to the tariff rules of the relevant order.
5.7. In case of the Customer’s refusal of services fully or partially, on the day of arrival at the Hotel and later, including partial use of the order (staying one or more days at the Hotel with check-out before the end of the booked period) refund (fully or partially) of money for an unused period of stay is not guaranteed by the Contractor. The Hotel confirms the amount of refunded money individually. In case of early departure from the Hotel, not arriving at the hotel or canceling the reservation after the date of departure, the Customer is obliged to send to the Contractor (to the email address firstname.lastname@example.org) a written request for order cancelation (partially cancelation) and calculate the amount for the refund in time no later than 14 calendar days from the date of not arriving. Requests received later than the deadline are not accepted and are not considered by the Contractor.
5.8. In case of early departure from the Hotel, the Customer is obliged to provide the Contractor with official documents from the Hotel, signed by an authorized person of the hotel, confirming the fact of early departure. These documents must be submitted no later than 14 calendar days after the date of not arriving or the date of actual departure from the Hotel. Requests received later than the deadline are not subject to consideration. In the absence of a document provided by the Customer and the impossibility of providing it, the Contractor relies on information provided by the hotel about the status of the order and the amount of services actually received.
5.9. Money should be refunded to the Customer by transferring it to his User Account.
WARRANTIES AND LIABILITIES OF THE PARTIES.
6.1. Warranties and liabilities of the Contractor.
6.1.1. The Contractor does not be liable to the Customer in case of complete or partial inoperability of the Booking System and its components for any time, as well as in the absence of the Customer’s access to the system or any indirect or direct costs incurred by him in connection with these circumstances. All offers, prices, and terms of sale can be: changed without notice to the Customer, limited in time, availability and terms of pre-order, dates of travel, terms of minimum or maximum stay at the destination, factors of weekends and holidays, seasonal fluctuations in prices, waiting lists, as well as strikes and temporary inoperability of booking systems and/or are subject to other changes, conditions and restrictions.
6.1.2. The Contractor does not be liable for negative consequences and losses arising as a result of events and circumstances beyond the scope of its competence, as well as for actions (inaction) of third parties, namely:
• in case of impossibility to fulfill the obligations assumed, due to the inaccuracy, insufficiency and untimelyness of the information and documents submitted by the Hotel or the intermediary, including, but not limited to cases when these persons entered the Booking System inaccurate, erroneous information about the rates and the composition of the services included in them outside depending on the reasons that led to the provision of false information;
• in case of impossibility to fulfill the obligations assumed, due to the inaccuracy, insufficiency and untimelyness of the information and documents provided by the Customer, or if the Customer violates the terms of this Agreement or the requirements for documents;
• due to the restriction of the Customer’s right to leave / enter from / to the country of destination by the competent authorities;
• for the actions of consulates of foreign states, including for delaying, refusing or changing the terms for issuing entry visas;
• for the consequences of violation by the Customer of the visa regime, customs and border formalities, rules of travel and caring baggage, as well as violation of special rules of conduct in the country of temporary residence and in the Hotel;
• for the Customer’s lack of residence documents (vouchers) issued by the Contractor;
• for the Customer’s not appearing or being late to the Hotel;
• for the refusal of the Hotel to accommodate on discriminatory grounds;
• for refusal of the Hotel to accommodate due to violation by the Customer and / or Guest of special conditions for the provision of accommodation services regarding, inter alia, the inability to accommodate children and / or pets, as well as persons with disabilities due to the lack of special infrastructure;
• for non-compliance by the Customer with the rules of conduct established by the Hotel;
• for not providing by the Hotel with medical procedures in case if the provision of such procedures is not agreed upon by the relevant specialists of the Hotel / sanatorium in each specific case;
• for the inconsistency of the Hotel services with the unreasonable expectations of the Customer and his subjective assessment;
for the transfer of payment data of the card by the Customer to third parties;
• for the authenticity and correctness of the paperwork of the Customer and other people specified in the Order (the accuracy of the information contained therein);
• for the Customer’s absence of residence documents (vouchers) issued to him by the Contractor, as well as identity documents necessary for checking into the Hotel;
6.2. Customer acknowledges and warrants that he/she is acquainted and agrees:
• with requirements for registration and the availability of documents required for check-in at the Hotel, and assumes all responsibility for the preparation of all necessary documents for the trip. The customer should independently acquainted with it and fulfill all the requirements of the country to which he arrives, including the requirements for paperwork required upon departure and arrival, the need for visas, or other documents for the departure and placement of children and animals. The Contractor is not responsible for ignorance or non-compliance by the Customer with these requirements.
• with the conditions for applying the rates of the Hotels, including the conditions for canceling reservations;
• with the requirements of the legislation of the country on the need to pay taxes for staying, resort taxes, fees and other payments;
• with requirements for foreign passports and other formal documents, including the remaining validity of a foreign passport required to obtain a visa and entry into the country;
• about the features and rules of border (customs) control (regime) of the Russian Federation and foreign states;
• about complying customs and border rules.
6.3. The Contractor is not responsible for:
• any inaccuracy regarding descriptive information (including prices, room availability and rating) of the services provided by the Hotel presented on the Contractor’s Website,
• Hotel actions,
• for products offered by the Hotel,
• for any (personal) injury, death, damage to property or other (direct, indirect, subsequent or penal) damages, losses or damages incurred by the Customer as a result of legislative acts, errors, violations, (gross) negligence, intentional illegal actions.
6.4. If it is impossible to accommodate the Customer in the Hotel according to a previously executed Order due to circumstances beyond the control, the Contractor has the right to offer the Customer to make changes to the Order, and services for accommodation in the Hotel having an equal or higher price category and ( or) service. At the same time, the Contractor undertakes to notify the Customer in advance by sending an information letter to the email address specified during registration on the site.
6.5. The parties are exempted from liability for improper fulfillment or non-fulfillment of obligations under this Agreement in case of force majeure circumstances, the parties include the following circumstances: fire, epidemic, earthquake, terrorist act, flood, hurricane, storm, tsunami, landslide, other natural disasters and cataclysms, military operations of any nature, strikes, the imposition of a state of emergency or martial law, embargo, changes in the legislation of the Republic of Belarus or the country of residence or transit, actions of customs and sanitary control authorities, cancellation of bus, ferry and other transport services, taxi routes, traffic on the roads, publication of regulatory acts by the authorities that have led to the impossibility of proper performance by the Parties of their obligations and others circumstances that the parties cannot influence on and prevent.
6.6. On the onset (and termination) of circumstances are in clause 6.5. of this agreement, the Party for which it became impossible to fulfill obligations under this agreement should immediately notify the other Party. Not notifying about these circumstances or untimely notification of these circumstances deprives the Parties of the right to invoke these circumstances and does not exempt from liability under this agreement. The term for the fulfillment of obligations by the Parties under this agreement is postponed in proportion to the time during which such circumstances will apply. If the circumstances continue for more than 14 (fourteen) days, each of the Parties will have the right to refuse to fulfill obligations under this agreement. The presence of these circumstances is confirmed by the relevant decisions of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, local authorities adopted by them in accordance with federal laws.
6.7. Upon occurrence of the above circumstances, the Parties have the right to demand the termination of the contract judicially.
7.1. All text information and graphic images on the Site are the property of the Contractor and / or its counterparties.
7.2. Reprinting, reproduction in any form, distribution, including translation, of any materials from the Site is possible only with the written permission of the Contractor.
7.3. Using documents and related graphic images located on the Site, the following requirements must be observed:
• Indicate that copyright belongs to the Contractor and / or its counterparties.
• When reprinting materials, refer to the Site as the source of publication and indicate other sources of information mentioned in the material. If the materials are posted on the Internet, it is necessary to make a link to the Site.
7.4. Documents and related graphic images located on the Site may be used only for informational, non-commercial or personal purposes.
7.5. Documents and related graphic images located on the Site should not be changed in any way.
7.6. No graphic images located on the Site should be used separately from the text accompanying them.
7.7. Documents and related graphics located on the Site may include inaccuracies or spelling errors. Information on the Site is changed periodically.
PRIVACY AND PERSONAL DATA PROTECTION POLICY.
8.1. Providing information by the Customer:
8.1.1. Registering on the Site, the Customer provides the following information: Surname, First name, gender, date of birth, phone number, email address, password for accessing the Personal Account on the Site.
8.2. By submitting your personal data when registering on the site, the Customer agrees to their processing by the Contractor, including promoting the services of the Contractor.
8.2.1. If the Customer does not want his personal data to be processed, he/she must contact the Contractor’s Customer Service at the email address email@example.com. In this case, all information received from the Customer (including login and password) is deleted from the Contractor’s user base and the Customer will not be able to place Orders on the Site.
8.3. Using the information provided by the Customer and received by the Contractor.
8.3.1 The Contractor uses the information:
• to register the Customer on the Site;
• to fulfill its obligations to the Customer under the relevant order;
• to evaluate and analyze the operation of the Site;
• to determine the winner in the shares held by the Contractor;
• to participate in the Contractor’s bonus programs.
8.3.2. The Contractor has the right to send to the Customer messages of an advertising and informational nature.
8.4. Disclosure of information received by the Contractor:
8.4.1. The Contractor should not disclose the information received from the Customer. The provision of information by the Contractor to agents and third parties acting on the basis of an agreement with the Contractor to fulfill obligations to the Customer is not considered a violation.
8.4.2. Disclosure of information in accordance with reasonable and applicable requirements of the law is not considered a violation of obligations.
8.5. The Contractor receives information about the IP address of the Site visitor. This information is not used to identify the visitor.
8.6. The Contractor is not responsible for the information provided by the Customer on the Site in a public form.
9.1. The relations between the Customer and the Contractor are regulated by the law of the Republic of Belarus. The Contractor warns of the absence of a unified official classification of hotels, on the Contractor’s website the categories of hotels are indicated at the discretion of the Hotels themselves, their authorized representatives, tour operators, based on generally accepted International Standards. The classification of placements is conditionally accepted in the host country.
9.2. If the Customer has any questions, he/she must contact the Contractor’s Customer Service at the numbers indicated on the Website. In case when the Customer has claims directly to the quality of the Contractor’s work, the Customer should submit a written complaint within a period not exceeding 20 (Twenty) days from the date of the cause of the dispute. Within 10 (Ten) days, the Contractor considers the claim and sends a reasoned response to the Customer. The Parties will try to resolve all disputes arising through negotiations, if the agreement is not reached, the dispute will be referred to the judicial authority in accordance with the current legislation of the Republic of Belarus.
9.3. Recognition by the court of the invalidity of any provision of this Agreement does not entail the invalidity of the remaining provisions.
Details of the Contractor:
Ltd “Vokrug Sveta”
Legal and Actual Address:
220030, Belarus, Minsk, 31, Internatsionalnaya str.,
**Bank account: **
b/a BY07PJCB30120065711000000933 in Banking Center 13, OJSC “Priorbank”
Bank address: Minsk, 13, Komsomolskaya str.
Tax Identity Number 100997632
Tel./Fax +375 (17) 226 83 92,
Fax: +375 (17) 200 16 86;
Tel. +375 (29) 302 88 55
Director – Marina Kondrashova (acting pursuant to Charter)
I accept the terms of the Public Offer Agreement and confirm the total amount payable, including taxes and fees.